Published tribunal order
Tenancy Tribunal case 4790337 — Rent arrears
Decided 15 Apr 2024 · Published 15 Apr 2024 · Application 4790337
- Rent arrears
Party names are redacted in the official published order.
Order
- Christina Rae Duivenvoorde-Clark owes [The landlord/s] $1,830.44 (“the debt”), being rent arrears of $1,810.00 to Thursday 18 April 2024 and the application filing fee of $20.44.
- Christina Rae Duivenvoorde-Clark must pay rent and the debt as follows: a. By 9 weekly payments of $740.00, being $540.00 for rent and $200.00 for the debt. b. A final payment of $570.44, being $540.00 for rent and $30.44 for the debt. c. Payments will be every Friday, with the first payment on 19/04/2024 and continuing until 21/06/2024.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- The landlord attended the hearing, conducted via teleconference. The call to the tenant went unanswered. There was a file note in the system that the tenant had contacted Tenancy Services earlier today regarding her unavailability for personal reasons. She was advised to contact the court but nothing had been received by the time of the hearing.
- I was satisfied adequate service had completed and I continued with the hearing. The landlord advised of some prior discussion between the parties regarding a repayment plan.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant is given the opportunity to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
- Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Application filing fee
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
- Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
- Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
- The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.